Member Alert

Several Important Issues Update:

1) Clinical Laboratory Evaluation Program (CLEP);
2) Proposed NYS regulation re: overtime exemption changes;
3) New DAL and form for architectural waivers;
4) New DAL re: 2015 ACF Annual Financial Report

November 18, 2016

Clinical Laboratory Evaluation Program (CLEP): In our October 31st Member Alert we reported on the October 27th Department of Health "Dear Adult Care Facility Administrator" letter that indicates that certain laboratory tests on materials obtained from the human body (e.g. fingerstick glucose, if performed by ACF, ALR or ALP staff, result in the need for the ACF/ALR/ALP provider to comply with the CLEP requirement and register with the Department of Health to obtain authorization to perform such testing. The application is titled "Limited Service Laboratory Registration Application", form DOH-4081. Information can be obtained at The Department of Health, Wadsworth Center.
In our October 31st notice we reported that a s part of the application, the ACF/ALR/ALP must include the name of their "Laboratory Director" who must have a NYS Laboratory Directory Certification of Qualification and hold a NYS license as an MD, D.O., D.D.S., Ph.D., O.D., D.Sc., NP, PA or CNM. Please review the Wadsworth Center information on the qualifications and duties of the Laboratory Director. (Refer especially to the bottom of page 1 through page 2.)
(Refer especially to the bottom of page 1 through page 2.)
Clearly, ACFs/ALRs/ALPs do not directly employ these medical professionals in their licensure structure. Potential options for assisted living settings include:
  • Contracting with a qualified "house" doctor;
  • If your assisted living setting is part of a larger long term care organization that includes a nursing home, using its Medical Director;
  • Contracting with a qualified community professional, similar to the process that many of you use for a dietary consultant. As listed above, professionals other than doctors may also be qualified, including nurse practitioners and physician assistants.
Please make note of the comprehensive review of the laboratory requirements, as provided by Hinman Straub. Please note, as you will see within Hinman Straub's memo, that there is one issue we have sought clarity about from the Department and they have not yet provided an answer: Our question is when residents can do their own testing except they need facility staff to read the result, does that staff task alone subject the ACF/ALR/ALP to CLEP? We will notify members as soon as we receive their response.
New, proposed NYS Executive, Administrative and Professional (EAP) Overtime Exemption Changes: The NYS Department of Labor has issued a proposed rulemaking that would increase the income threshold that allows employers to classify employees as exempt from paying overtime. There is a 45-day public comment period from the date that the proposal was issued, which was October 19th. If/when put into effect, these changes may have significant impact on many NYS employers. Please review the memo summarizing the proposal and its impact. Hinman Straub is developing comments on behalf of ESAAL and its other clients, and we will provide them to you when complete.
DOH issues Dear Administrator Letter (DAL) announcing new procedure for request architectural standard waivers: DAL 16-19 dated October 19, 2016 and its attachment (Architectural Waiver Form DOH-5226) describe a new process to request architectural waivers. The new form must be filed in addition to the standard DOH Waiver Request Form (DOH-4235), and must be completed and signed by a licensed architect. Information on where to send the forms is provided within the DAL.
DOH issues Dear Administrator Letter (DAL) announcing release of 2015 ACF Annual Financial Report:  DAL 16-25 dated November 15th, and its attachment instructions have been posted on the Health Commerce System. The submission due date is January 6, 2017 for those providers who use the calendar year as their fiscal year. Please ensure that the financial report-related roles (Financial Data Reporter and Financial Submitter) in your HCS Communications Directory are populated with current information.
That's all for now.
Please don't hesitate to contact me with any questions. 
Thank you and regards,
Lisa Newcomb's Signature
Lisa Newcomb
Executive Director
Empire State Association of Assisted Living 
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